BROOKS v. BANK OF WISCONSIN DELLS

No.90-1435.

161 Wis.2d 39 (1991)

467 N.W.2d 187

Margaret K. BROOKS, and Rita Havey, Plaintiffs-Appellants, v. BANK OF WISCONSIN DELLS, and John Kremer, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided February 21, 1991.


Attorney(s) appearing for the Case

For the plaintiffs-appellants the cause was submitted on the briefs of Kim Grimmer and Robert E. Shumaker of Ross & Stevens, S.C., of Madison.

For the defendants-respondents the cause was submitted on the briefs of William T. Curran of Curran, Hollenbeck & Orton, S.C., of Mauston.

Before Eich, C.J., Gartzke, P.J., and Sundby, J.


EICH, C.J.

Margaret Brooks and Rita Havey appeal from a summary judgment dismissing their complaint against the Bank of Wisconsin Dells and John Kremer, one of its officers. The issues are: (1) whether Brooks and Havey, as beneficiaries of Madeline Stanton's "payable-on-death" (POD) certificate of deposit, have standing to sue Kremer and the bank for Kremer's negligence when, as Stanton's attorney-in-fact, he liquidated the certificate and used the proceeds to pay...

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